Cyclist hit by deputy's patrol car files claim

SANTA CLARA COUNTY He seeks damages from county for injuries suffered

A bicyclist who survived a collision with a Santa Clara County sheriff's patrol car that veered across a roadway and killed two of his riding companions filed a claim against the county Wednesday seeking unspecified monetary damages for his injuries.

Under state law, county officials have 45 days to accept the claim and compensate Knapp or reject it and open the doors to a lawsuit. An extension on that time limit can also be negotiated.

Knapp was one of three riders hit by Deputy James Council's patrol car on Stevens Canyon Road in Cupertino on March 9.

Council, 27, crossed a double yellow line and crashed into the riders, killing Matt Peterson, 29, of San Francisco and Kristy Gough, 30, of San Leandro.

Two men who arrived soon on the scene reported that Council had said he must have fallen asleep, and the deputy's attorney told The Chronicle that fatigue may have been a factor in the crash. The California Highway Patrol is investigating the cause of the accident and says it may be several weeks before a report is ready.

Santa Clara County Sheriff Laurie Smith has apologized publicly to the riders' families and acknowledged that "we caused the accident."

County Counsel Ann Ravel cautioned Wednesday that she would wait for the results of the investigation, which could show a mechanical defect contributing to the crash, before deciding on how to respond to Knapp's claim.

"Yes, we want to accept responsibility. Yes, everybody feels terrible about what happened, and the deputy was obviously on the wrong side of the road," Ravel said. "But sometimes there are other factors - not the fault of the bicyclists, clearly - but something else could have happened."

Knapp is a German citizen who was living in the Bay Area while working as an intern at BMW and training with San Mateo's Third Pillar bicycle racing team. He was treated at Stanford University Medical Center after the crash and has since returned to Germany.

Knapp suffered a broken arm, broken leg and other injuries, said his attorney, James McManis.